{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-247.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-247.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-247.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-247.1.html"}],"law_id":55045,"edition_id":1,"section_id":55045,"structure_id":13976,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","history":"2020, c. 480; 2024, c. 719; 2025, c. 669.","full_text":"A\n\nPrior to any custodial interrogation of a child by a law-enforcement officer who has arrested such child pursuant to subsection C, C1, or D of § 16.1-246, the child’s parent, guardian, or legal custodian shall be notified of his arrest and the child shall have contact with his parent, guardian, or legal custodian. The notification and contact required by this subsection may be in person, electronically, by telephone, or by video conference.B\n\nNotwithstanding the provisions of subsection A, a custodial interrogation may be conducted (i) if the child’s parent, guardian, or legal custodian is a codefendant in the alleged offense; (ii) if the child’s parent, guardian, or legal custodian has been arrested for, has been charged with, or is being investigated for a crime against the child; (iii) if, after every reasonable effort has been made to comply with subsection A, the child’s parent, guardian, or legal custodian cannot be located or refuses contact with the child; or (iv) if the law-enforcement officer conducting the custodial interrogation reasonably believes the information sought is necessary to protect life, limb, or property from an imminent danger and the law-enforcement officer’s questions are limited to those that are reasonably necessary to obtain such information.C\n\nA law-enforcement officer shall be prohibited from knowingly and intentionally making false statements about any known material fact, including by use of inauthentic replica documents, prior to or during a custodial interrogation of a child in order to secure the cooperation, confession, or conviction of such child. As used in this subsection, “inauthentic replica documents” means any documents, including computer-generated documents, created by any means, including artificial intelligence, by a law-enforcement officer or his agent that (i) contain a false statement, signature, seal, letterhead, or contact information or (ii) materially misrepresent any fact.D\n\nExcept as provided in subsection B, if a law-enforcement officer knowingly violates the provisions of subsection A or C, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.","order_by":null,"text":{"0":{"id":201866,"text":"Prior to any custodial interrogation of a child by a law-enforcement officer who has arrested such child pursuant to subsection C, C1, or D of § 16.1-246, the child’s parent, guardian, or legal custodian shall be notified of his arrest and the child shall have contact with his parent, guardian, or legal custodian. The notification and contact required by this subsection may be in person, electronically, by telephone, or by video conference.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201867,"text":"Notwithstanding the provisions of subsection A, a custodial interrogation may be conducted (i) if the child’s parent, guardian, or legal custodian is a codefendant in the alleged offense; (ii) if the child’s parent, guardian, or legal custodian has been arrested for, has been charged with, or is being investigated for a crime against the child; (iii) if, after every reasonable effort has been made to comply with subsection A, the child’s parent, guardian, or legal custodian cannot be located or refuses contact with the child; or (iv) if the law-enforcement officer conducting the custodial interrogation reasonably believes the information sought is necessary to protect life, limb, or property from an imminent danger and the law-enforcement officer’s questions are limited to those that are reasonably necessary to obtain such information.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201868,"text":"A law-enforcement officer shall be prohibited from knowingly and intentionally making false statements about any known material fact, including by use of inauthentic replica documents, prior to or during a custodial interrogation of a child in order to secure the cooperation, confession, or conviction of such child. As used in this subsection, “inauthentic replica documents” means any documents, including computer-generated documents, created by any means, including artificial intelligence, by a law-enforcement officer or his agent that (i) contain a false statement, signature, seal, letterhead, or contact information or (ii) materially misrepresent any fact.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201869,"text":"Except as provided in subsection B, if a law-enforcement officer knowingly violates the provisions of subsection A or C, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13976,"edition_id":1,"name":"Immediate Custody, Arrest, Detention and Shelter Care","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:29","date_modified":"2026-06-26 03:46:29","permalink":{"id":161527,"object_type":"structure","relational_id":13976,"identifier":"4","token":"16.1\/11\/4","url":"\/16.1\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56400,"structure_id":13976,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","url":"\/16.1-246\/","token":"16.1\/11\/4\/16.1-246","metadata":false},{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},{"id":55045,"structure_id":13976,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","url":"\/16.1-247.1\/","token":"16.1\/11\/4\/16.1-247.1","metadata":false},{"id":57660,"structure_id":13976,"section_number":"16.1-248","catch_line":"Repealed","url":"\/16.1-248\/","token":"16.1\/11\/4\/16.1-248","metadata":false},{"id":66525,"structure_id":13976,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","url":"\/16.1-248.1\/","token":"16.1\/11\/4\/16.1-248.1","metadata":false},{"id":85303,"structure_id":13976,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","url":"\/16.1-248.2\/","token":"16.1\/11\/4\/16.1-248.2","metadata":false},{"id":77469,"structure_id":13976,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","url":"\/16.1-248.3\/","token":"16.1\/11\/4\/16.1-248.3","metadata":false},{"id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","metadata":false},{"id":70154,"structure_id":13976,"section_number":"16.1-249.1","catch_line":"Places of confinement to give notice of intake of certain persons","url":"\/16.1-249.1\/","token":"16.1\/11\/4\/16.1-249.1","metadata":false},{"id":76378,"structure_id":13976,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","url":"\/16.1-250\/","token":"16.1\/11\/4\/16.1-250","metadata":false},{"id":59519,"structure_id":13976,"section_number":"16.1-250.1","catch_line":"Repealed","url":"\/16.1-250.1\/","token":"16.1\/11\/4\/16.1-250.1","metadata":false},{"id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","metadata":false},{"id":70845,"structure_id":13976,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","url":"\/16.1-252\/","token":"16.1\/11\/4\/16.1-252","metadata":false},{"id":62537,"structure_id":13976,"section_number":"16.1-253","catch_line":"Preliminary protective order","url":"\/16.1-253\/","token":"16.1\/11\/4\/16.1-253","metadata":false},{"id":61705,"structure_id":13976,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","url":"\/16.1-253.1\/","token":"16.1\/11\/4\/16.1-253.1","metadata":false},{"id":82642,"structure_id":13976,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","url":"\/16.1-253.2\/","token":"16.1\/11\/4\/16.1-253.2","metadata":false},{"id":56938,"structure_id":13976,"section_number":"16.1-253.3","catch_line":"Repealed","url":"\/16.1-253.3\/","token":"16.1\/11\/4\/16.1-253.3","metadata":false},{"id":60177,"structure_id":13976,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","url":"\/16.1-253.4\/","token":"16.1\/11\/4\/16.1-253.4","metadata":false},{"id":65132,"structure_id":13976,"section_number":"16.1-254","catch_line":"Responsibility for and limitation on transportation of children","url":"\/16.1-254\/","token":"16.1\/11\/4\/16.1-254","metadata":false},{"id":82466,"structure_id":13976,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","url":"\/16.1-255\/","token":"16.1\/11\/4\/16.1-255","metadata":false},{"id":80695,"structure_id":13976,"section_number":"16.1-256","catch_line":"Limitations as to issuance of warrants for juveniles; detention orders","url":"\/16.1-256\/","token":"16.1\/11\/4\/16.1-256","metadata":false},{"id":82001,"structure_id":13976,"section_number":"16.1-257","catch_line":"Interference with or obstruction of officer; concealment or removal of child","url":"\/16.1-257\/","token":"16.1\/11\/4\/16.1-257","metadata":false},{"id":74524,"structure_id":13976,"section_number":"16.1-258","catch_line":"Bonds and forfeitures thereof","url":"\/16.1-258\/","token":"16.1\/11\/4\/16.1-258","metadata":false}],"previous_section":{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},"next_section":{"id":57660,"structure_id":13976,"section_number":"16.1-248","catch_line":"Repealed","url":"\/16.1-248\/","token":"16.1\/11\/4\/16.1-248","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-247.1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 480<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2024, chapter 719<\/a>; in 2025, chapter 669<\/a>.<\/p>","references":false,"refers_to":[{"id":56400,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","order_by":null,"url":"\/16.1-246\/"}],"permalink":{"id":161537,"object_type":"law","relational_id":55045,"identifier":"16.1-247.1","token":"16.1\/11\/4\/16.1-247.1","url":"\/16.1-247.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-247.1\/","token":"16.1\/11\/4\/16.1-247.1","dublin_core":{"Title":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-247.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to any custodial interrogation<\/span> of a child by a law<\/span>-enforcement officer who has arrested such child pursuant to subsection C, C1, or D of § 16.1-246<\/a>, the child’s parent, guardian, or legal custodian shall be notified of his arrest<\/span> and the child shall have contact with his parent, guardian, or legal custodian. The notification and contact required by this subsection may be in person, electronically, by telephone, or by video conference. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, a custodial interrogation<\/span> may be conducted (i) if the child’s parent, guardian, or legal custodian is a codefendant in the alleged offense<\/span>; (ii) if the child’s parent, guardian, or legal custodian has been arrested for, has been charged with, or is being investigated for a crime<\/span> against the child; (iii) if, after every reasonable effort has been made to comply with subsection A, the child’s parent, guardian, or legal custodian cannot be located or refuses contact with the child; or (iv) if the law<\/span>-enforcement officer conducting the custodial interrogation<\/span> reasonably believes the information sought is necessary to protect life, limb, or property from an imminent danger and the law<\/span>-enforcement officer’s questions are limited to those that are reasonably necessary to obtain such information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A law-enforcement officer shall be prohibited from knowingly and intentionally making false statements about any known material<\/span> fact<\/span>, including by use of inauthentic replica documents<\/span>, prior to or during a custodial interrogation<\/span> of a child in order<\/span> to secure the cooperation, confession<\/span>, or conviction<\/span> of such child. As used in this subsection, “inauthentic replica documents<\/span>” means any documents, including computer-generated documents, created by any means, including artificial intelligence, by a law-enforcement officer or his agent that (i) contain a false statement, signature, seal, letterhead, or contact information or (ii) materially misrepresent any fact<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in subsection B, if a law-enforcement officer knowingly violates the provisions of subsection A or C, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence<\/span> that the statement was made knowingly, intelligently, and voluntarily. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCUSTODIAL INTERROGATION OF A CHILD; PARENTAL NOTIFICATION AND CONTACT;\nINADMISSIBILITY OF STATEMENT (\u00a7 16.1-247.1)\n\nA. Prior to any custodial interrogation of a child by a law-enforcement officer\nwho has arrested such child pursuant to subsection C, C1, or D of §\n16.1-246, the child’s parent, guardian, or legal custodian shall be\nnotified of his arrest and the child shall have contact with his parent,\nguardian, or legal custodian. The notification and contact required by this\nsubsection may be in person, electronically, by telephone, or by video\nconference.\n\nB. Notwithstanding the provisions of subsection A, a custodial interrogation may\nbe conducted (i) if the child’s parent, guardian, or legal custodian is a\ncodefendant in the alleged offense; (ii) if the child’s parent, guardian,\nor legal custodian has been arrested for, has been charged with, or is being\ninvestigated for a crime against the child; (iii) if, after every reasonable\neffort has been made to comply with subsection A, the child’s parent,\nguardian, or legal custodian cannot be located or refuses contact with the\nchild; or (iv) if the law-enforcement officer conducting the custodial\ninterrogation reasonably believes the information sought is necessary to protect\nlife, limb, or property from an imminent danger and the law-enforcement\nofficer’s questions are limited to those that are reasonably necessary to\nobtain such information.\n\nC. A law-enforcement officer shall be prohibited from knowingly and\nintentionally making false statements about any known material fact, including\nby use of inauthentic replica documents, prior to or during a custodial\ninterrogation of a child in order to secure the cooperation, confession, or\nconviction of such child. As used in this subsection, “inauthentic replica\ndocuments” means any documents, including computer-generated documents,\ncreated by any means, including artificial intelligence, by a law-enforcement\nofficer or his agent that (i) contain a false statement, signature, seal,\nletterhead, or contact information or (ii) materially misrepresent any fact.\n\nD. Except as provided in subsection B, if a law-enforcement officer knowingly\nviolates the provisions of subsection A or C, any statements made by such child\nshall be inadmissible in any delinquency proceeding or criminal proceeding\nagainst such child, unless the attorney for the Commonwealth proves by a\npreponderance of the evidence that the statement was made knowingly,\nintelligently, and voluntarily.\n\nHISTORY: 2020, c. 480; 2024, c. 719; 2025, c. 669.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}